Belcher v. Bullion

2 Citing cases

  1. Cain v. Fontana

    423 S.W.2d 134 (Tex. Civ. App. 1968)   Cited 24 times
    Showing that the recovery of lost profits is appropriate in a case of tortious interference

    A loss occasioned by an interference with one's business from the actionable conduct of another is a proper element of damages, and profits lost as a result of such interference are properly recoverable in a tort action. In such an action, while it is necessary that the damages be shown with reasonable certainty, pre-existing profits, together with other facts and circumstances, may be considered in arriving at a just estimate of the amount of profits lost. Southwest Battery Corp. v. Owen, 131 Tex. 423, 115 S.W.2d 1097 (1938); Belcher v. Bullion, 121 S.W.2d 483 (Tex.Civ.App. — Austin 1938, no writ); 17 Tex.Jur.2d, Damages §§ 147, 149 (1960). Under the facts of this case it cannot be said, as a matter of law, that plaintiff is not entitled to a recovery for loss of business, and the jury's finding of $250.00 damages is sufficiently supported by the evidence.

  2. L-M-S Inc. v. Blackwell

    227 S.W.2d 593 (Tex. Civ. App. 1950)   Cited 2 times

    Various witnesses testified to their observations as to the manner in which the obstructions adversely affected the business of appellees. Although in the very nature of the circumstances the evidence did not show with absolute certainty the exact amount of lost profits which were proximately caused by the obstructions complained of, we think the evidence as a whole was amply sufficient to sustain the findings of the jury on these issues and to show with reasonable certainty that the amount of such loss was not less than the sum of $4200.00. 13 T.J. pp. 214 et seq., Secs. 113 and 114; American Construction Co. v. Davis, Tex.Civ.App., 141 S.W. 1019 (er. ref.); Watson Co. v. Lone Star Service Station, Tex.Civ.App., 16 S.W.2d 151 (er. dis.); Southern Properties, Inc., v. Carpenter, Tex.Civ.App., 50 S.W.2d 876 (er. ref.); Texas P. Ry. Co. v. Mercer, Tex.Com.App., 90 S.W.2d 557; Belcher v. Bullion, Tex.Civ.App., 121 S.W.2d 483. By a counter point of error in their brief appellees say the trial court should have granted them judgment for the additional sum of $1066.66 against L-M-S Inc. because they claim the undisputed evidence shows they were entitled to the same under the terms of their lease contract.